Citizenship: Natural-born and naturalized ~

[Charles Lingerfelt, Texas State Coordinator]

Legislation and Legal Arguments:

The requirements for citizenship and the very definition thereof have changed since the Constitution was ratified in 1788. Congress first recognized the citizenship of children born to U.S. parents overseas on March 26, 1790, under the first naturalization law: "And the children of citizens of the United States that may be born beyond sea, or outside the limits of the United States, shall be considered as natural born citizens." (See ref. for the Act of 1795)[2][3]

The Fourteenth Amendment mentions two types of citizenship: citizenship by birth and citizenship by law (naturalized citizens): "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."

All persons born in the United States, except those not subject to the jurisdiction of the U.S. government (such as children of foreign diplomats) are citizens under the Fourteenth Amendment. Persons born in the United States, and persons born on foreign soil to two U.S. parents, are born American citizens and are classified as citizens at birth under 8 USC 1401. There is some debate over whether persons who were born US citizens and are classified as citizens at birth under U.S. law should also be considered citizens "by birth," whether they should all be considered to be "naturalized," or whether they should be considered "statutory citizens." There is also some debate over whether there is a meaningful legal distinction between citizens "at birth", citizens "by birth" and "statutory citizens" since U.S. law makes no such distinction, nor does the Fourteenth Amendment use the term "at birth." Current U.S. statutes define certain individuals born overseas as "citizens at birth."[4] One side of the argument interprets the Constitution as meaning that a person either is born in the United States or is a naturalized citizen. According to this view, in order to be a "natural born citizen," a person must be born in the United States, or possibly an incorporated territory; otherwise, they are a citizen "by law" and are therefore a "statutory citizen," (not necessarily, however, a naturalized citizen, which implies a pre-existing foreign citizenship).[5] Current State Department policy reads: "Despite widespread popular belief, U.S. military installations abroad and U.S. diplomatic or consular facilities are not part of the United States within the meaning of the 14th Amendment. A child born on the premises of such a facility is not subject to the jurisdiction of the United States and does not acquire U.S. citizenship by reason of birth."[6] However, the State Department is of the opinion that this does not affect those who are born abroad to U.S. citizens and who otherwise meet the qualifications for statutory citizenship.[7]

[edit] Case law

[edit] Supreme Court cases relating to citizenship, generally

Although the U.S. Supreme Court has never specifically determined the meaning of "natural born Citizen," they have occasionally considered the matter in passing.

* Dred Scott v. Sandford, 60 U.S. 393 (1857): In regard to the "natural born citizen" clause, the dissent states that it is acquired by place of birth (jus soli), not through blood or lineage (jus sanguinis): "The first section of the second article of the Constitution uses the language, 'a natural-born citizen.' It thus assumes that citizenship may be acquired by birth. Undoubtedly, this language of the Constitution was used in reference to that principle of public law, well understood in this country at the time of the adoption of the Constitution, which referred citizenship to the place of birth." (Much of the majority opinion in this case was overturned by the 14th Amendment in 1868.)
* Schneider v. Rusk, 377 U.S. 163 (1964): The Court voided a statute that provided that a naturalized citizen should lose his United States citizenship if, following naturalization, he resided continuously for three years in his former homeland. "We start from the premise that the rights of citizenship of the native-born and of the naturalized person are of the same dignity and are coextensive. The only difference drawn by the Constitution is that only the 'natural born' citizen is eligible to be President."

[edit] Cases in other courts relating specifically to the "natural born citizen" clause

Three United States District Courts have ruled that private citizens do not have standing to challenge the eligibility of candidates to appear on a presidential election ballot: Robinson v. Bowen, 567 F. Supp. 2d 1144 (N.D. Cal. 2008); Hollander v. McCain, 2008WL2853250 (D.N.H. 2008); Berg v. Obama, 08-04083 (E.D. Pa. 2008)[8]. In dicta in each of these cases, it was also opined that if the plaintiffs did have standing, the likelihood of success on the merits (which is part of the legal test for the issuance of a preliminary injunction) would be low. This law suit has been sent to the supreme court after dismissal, next ruling December 2008. The opinion in one of the cases also cited to a statutory method[9] by which the eligibility of the President-elect to take office may be challenged in Congress.

[edit] Presidential candidates born outside the US

It is disputed whether the foreign-born children of US citizens are natural born citizens.[5] While every President and Vice President to date (as of 2008) has either been a citizen at the adoption of the Constitution in 1789, or else born in the United States, there have been some presidential candidates who were born outside the United States.[10]

George Romney, who ran for the Republican party nomination in 1968, was born in Mexico to U.S. parents. Romney’s grandfather emigrated to Mexico in 1886 with his three wives and children after Utah outlawed polygamy. Romney's parents retained their U.S. citizenship and returned to the United States in 1912. Romney was 32 years old when he arrived in Michigan.

Lowell Weicker, the former Connecticut Senator, Representative, and Governor, entered the race for the Republican party nomination of 1980 but dropped out before voting in the primaries began. He was born in Paris, France and acquired his citizenship at birth through his parents. His father was an executive for E. R. Squibb & Sons and his mother was the Indian-born daughter of a British general.[11]

John McCain, who ran for the Republican party nomination in 2000 and was the Republican nominee in 2008, was born outside of the Panama Canal Zone in Colon, Panama, to U.S. parents.[12] In April 2008 the US Senate approved a resolution affirming McCain's status as a natural born citizen.[13] And in September of that year a Federal District judge said obiter that it was "highly probable" that McCain was a natural-born citizen of the United States owing to the citizenship legislation existing at the time.[14]

[edit] Prominent citizens currently ineligible to hold the Presidency

The following U.S. citizens are ineligible to become President as they are all naturalized citizens:

* Fmr. Sec. Madeleine Albright was a United States Ambassador to the United Nations and U.S. Secretary of State under President Bill Clinton and is currently a Professor at Georgetown University. She was born in Prague, in the then Czechoslovakia[15].
* Fmr. Sen. Rudy Boschwitz was a United States Senator from Minnesota and is currently Ambassador to the United Nations Commission on Human Rights. He was born in Berlin.[16]
* Sec. Elaine Chao is the current U.S. Secretary of Labor and a former Director of the Peace Corps. She was was born in Taipei, Taiwan.
* Gov. Jennifer Granholm is currently the second-term Democratic governor of Michigan. She was born in Canada.
* Sec. Carlos Gutierrez is the current U.S. Secretary of Commerce. He was born in Havana, Cuba.[17]
* Sen. Mel Martinez is currently the Junior Senator from Florida. He was born in Sagua La Grande, Cuba.[18]
* Gov. Arnold Schwarzenegger is a second term governor of California. He was born in Austria.

[edit] See also

* Citizenship
* Nationality
* Native-born citizen

[edit] Notes

1. ^ Meese, Edwin; Edwin Meese, III, David F. Forte, Matthew Spalding, (2008). The Heritage Guide to the Constitution. Washington, D.C.: Regnery Publishing, 190. ISBN 159698001X. Solum, Lawrence B. (2008-09-05). "Originalism and the Natural Born Citizen Clause". Michigan Law Review (Michigan: University of Illinois) 107: 22. ISBN 159698001X, http://www.michiganlawreview.org/firstimpressions/vol107/solum.htm.
2. ^ "Statutes at Large, 1st Congress, 2nd Session". A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774 - 1875. Library of Congress (1790). Retrieved on 2006-11-10.
3. ^ The 1790 law remained in effect until the Naturalization Act of 1795 superseded it. The 1795 law removed mention of natural born citizen status, stating instead that the children of citizens of the United States who are born outside the limits of the country "shall be considered as citizens of the United States."
4. ^ "Citizenship and Nationality". U.S. Department of State. U.S. Department of State. Retrieved on 2006-11-09.
5. ^ a b "U.S. Congress moves to clarify the rules: Just how 'American' must a president be?". International Herald Tribune. International Herald Tribune (June 2, 2004). Retrieved on 2006-11-09.
6. ^ "7 FAM 1100 "Acquisition and Retention of U.S. Citizenship and Nationality"" (PDF). U.S. Department of State. U.S. Department of State. Retrieved on 2008-02-14.
7. ^ "7 FAM 1130 "Acquisition of U.S. Citizenship by Birth Abroad to U.S. Citizen Parent"" (PDF). U.S. Department of State. U.S. Department of State. Retrieved on 2008-04-25.
8. ^ http://docs.justia.com/cases/federal/district-courts/pennsylvania/paedce/2:2008cv04083/281573/20/
9. ^ See 3 U.S.C. ch. 1.
10. ^ McCain’s Canal Zone Birth Prompts Queries About Whether That Rules Him Out - New York Times
11. ^ Weicker, An Outcast, Runs Again, New York Times, April 13, 1988
12. ^ Birth certificate of John Sidney McCain III, Dallas Morning News, http://dallasmorningviewsblog.dallasnews.com/mccain%20birth.html
13. ^ Resolution text as approved by Sentate.
14. ^ "Judge says McCain is a 'natural born citizen'", Associated Press (September 18, 2008). Retrieved on November 16, 2008.
15. ^ "Conversion of Albright's Jewish Family Followed a Well-Trod Path." International Herald Tribune.
16. ^ "BOSCHWITZ, Rudolph Eli (Rudy)". Biographical Directory of the United States Congress. Retrieved on 2008-11-03.
17. ^ Official biography at the Department of Commerce
18. ^ "MARTINEZ, Melquiades R. (Mel)". Biographical Directory of the United States Congress. Retrieved on 2008-11-03.

[wakeupamerica]

So is your conclusion that this dec 5th scotus case has merit or not?
I think Bowen was born in nicaragua? and obama still remains to be clarified Kenya? indonesia? Britain? anyway so those 2 definetly and i am curious about Mccain adn the panama thing as i knew he was born there but would like to know what the justices say on all 3 candidates.

thank you for your post
Linda
Oregon
USA